Sentences with phrase «legislative purpose»
60] It remains to be seen whether these arbitrary powers are actually necessary to achieve any valid legislative purpose.
slaw.ca
Two Illinois courts of appeals held that Illinois» tax credit for educational expenses is constitutional because it has a clearly secular legislative purpose of ensuring a well - educated citizenry and relieving public expense, has the primary effect of effectuating those purposes, and involves no more government entanglement with religion than many other state tax laws.
It consists of three prongs: The government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting religion; The government's action must not result in an «excessive government entanglement» with religion.
The fact that the ECJ in the Cremonini case accepted the use of technical standards for legislative purposes without expressing obiter dictum any doubt about its legality, indicated the Court's indirect support for this regulatory strategy.
To put it in the Court's terms, choice programs involve no forbidden legislative purpose or practical effect; nor is the Court eager to find an invalidating «entanglement» of the church with the state.
In the New York State Assembly, the rules cede control over the committee process to the Speaker of the Assembly, which effectively strips committees of their chief legislative purpose.
Judge James R. Miller ruled on Sept. 25 that the legislature's decision to change the state employees» pension program earlier this year by putting a cap on cost - of - living increases, reducing benefits, and increasing employee payments was «a reasonable response to an important public concern... and justified by a rational legislative purpose.»
The stated legislative purpose appears in the preamble, where Congress found and declared that
It is indeed an interesting question as to when disparate or disassociated facts in a database should be considered a record for this and a host of other legislative purposes.
Laws must apply equally to all under like circumstances... government interferences with individual rights must be «reasonable» — they must have a clear relation to some legitimate legislative purpose.
In Cyan, the court considered whether SLUSA's text and legislative purpose mandated that these cases — if brought as class actions — must be heard in federal court.
Under the Lemon analysis, it is a permissible legislative purpose to alleviate significant governmental interference with the ability of religious organizations to define and carry out their religious missions.
The language now says that the casinos would be for the «legislative purposes of promoting job growth, increasing aid to schools, and permitting local governments to lower property taxes through revenues generated.»
-RSB- Under the now familiar Lemon test, statutes must have both a secular legislative purpose and a principal or primary effect that neither advances nor inhibits religion, and in addition they must not foster excessive government entanglement with religion.
(b) The investigation here involved was related to a valid legislative purpose, since Congress has wide power to legislate in the field of Communist activity in this Country and to conduct appropriate investigations in aid thereof.
«We want to ensure that the process surrounding this decision is transparent and, given the size, scope, and seemingly unconventional approach to the use of [Clean Water State Revolving Fund money], that the parties involved have exercised due diligence, and carefully scrutinized the project details and considered the implications vis - a-vis the legislative purpose of the Clean Water Act,» she wrote.
«Whatever the legislative purpose may be to add to the budget, we need to have a budget that's in balance,» the comptroller said.
No such limitations apply to records requested for Congressional oversight or legislative purposes; release is authorized under 49 CFR 10.35 (9).
However, the clarity that is found in the legislative purpose and policy surrounding § 523 (a)(8)(B) is decidedly absent in the meaning Congress ascribed to the term «undue hardship.»
Indeed, although a direct reference would not be made between a national court and the Court of Justice as the joint court would function as an intermediary, such a mechanism would undermine the legislative purpose behind the Repeal Bill's provisions regarding ending the preliminary reference mechanism.
The Federal Court agreed, holding that the official had, by limiting his decision in advance and in a manner not consistent with the legislative purpose, unlawfully fettered the broad discretion granted to him under the statute.
«The legislative purpose, at the time of the Act's enactment, was to allow «ordinary citizens» to «clearly see» who is behind the messages they receive during a campaign period, thus promoting informed voting,» said the ruling.
«The denial of enhanced credit for pre-sentence custody to offenders who are denied bail primarily because of a prior conviction is overbroad because it catches people in ways that have nothing to do with the legislative purpose of s. 719 (3.1) of the Code, which is to enhance public safety and security.
The expression of legislative purpose is perhaps problematic, but that should not have any effect on the application of the law.
The Ontario Court of Appeal found, among other things, that in excluding the truck drivers because they were technically independent contractors, the words «regularly employed» had been interpreted too narrowly given the legislative purpose of the OHSA.
With this in mind, in considering whether s. 9 (2)(a) intended to capture only those workers employed in a traditional employment relationship, the court held that such an interpretation would «seriously curtail» the scope of s. 9 (2)(a) and run contrary to the legislative purpose of the OHSA.
It is urged, however, that, if a day of rest were the legislative purpose, statutes to secure it would take some other form than the prohibition of activity on Sunday.
Section 290.09 contains no express statements of legislative purpose, and its legislative history offers few unambiguous indications of actual intent.
In its approach to statutory interpretation, the majority engaged in a broad canvassing of many different factors, ranging from the plain meaning, differences in wording, and the legislative purpose.
«motives alone would not vitiate an investigation which had been instituted by a House of Congress if that assembly's legislative purpose is being served.»
The first question is whether this investigation was related to a valid legislative purpose, for Congress may not constitutionally require an individual to disclose his political relationships or other private affairs except in relation to such a purpose.
I do not fault the Court for engaging in this inquiry, as the Supreme Court has mandated that statutes be interpreted «purposively» by interpreting the statutory text harmoniously with the legislative purpose.
In Ghaidan v Godin - Mendoza, which Lord Phillips described as the «definitive» case on s. 3 HRA 1998, the House of Lords held that s. 3 could permit a Court to depart from a provision whose meaning was unambiguous, if that provision was not ECHR compatible, with the dramatic implication that s. 3 could oblige a Court to disregard the legislative purpose of subsequent Parliaments.
This Regulatory Objective is integral to the Society's legislative purpose and mandate.
[4] Invariably, the discussion on «legislative purpose» was subsumed under the topic of expertise.
Aside from the Indian Act which I continue to believe is Canada's most discriminatory legislation (it is pretty hard to argue that the Indian Act's legislative purpose was anything other than to contain and control the Indian peoples of Canada — of course, this is a conversation for a different day), I can think of no other provincial or federal legislation that is as overtly discriminatory as Bill 62.
The interpretation of the «Class A» permitted development right as including the engineering works proposed in this case frustrated the legislative purpose of s. 59 of the TCPA 1990 and / or the Town and Country Planning (General Permitted Development)(England) Order 2015 and was therefore ultra vires.
This even though, as the trial court found,» [t] he General Assembly thought the statute had a secular legislative purpose, and specifically said so.»
The Commonwealth insists that the statute in question serves a secular legislative purpose, observing that the legislature required the following notation in small print at the bottom of each display of the Ten Commandments:
«First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion...; finally the statute must not foster «an excessive government entanglement with religion.»»